Law: Pakistan Penal Code, 1860

Section: 302(b)

1. Penal Code (XLV of 1860)---

----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Unshaken testimony of two witnesses, being eye-witnesses of the occurrence and close relatives of the deceased was fully supported/corroborated by the medico legal evidence, recovery of four crime empties of .30 bore and blood stains from the place of occurrence, blood stained clothes of the deceased, report of the chemical expert, recovery of crime weapon (.30 bore pistol) from the house of the petitioner (convict) on his pointation and positive report of the firearm expert---Record did not reveal of any animus of the two eye-witnesses for false implication of the petitioner---There was no inordinate or unexplained delay in lodging the FIR---Prosecution had proved the charge against the petitioner beyond reasonable doubt---Petition was converted into an appeal and was partly allowed, and conviction awarded to the petitioner/appellant under section 302(b), P.P.C. was maintained.

1. Criminal trial---

----Related witnesses, evidence of---Reliance---In absence of any ulterior motive/animus for false implication of an accused, the confidence inspiring testimony of an eye-witness, whose presence with the deceased at the time and place of occurrence is established, cannot be discarded merely due to his relationship with the deceased.